January 30, 2001
The last "Diggin' In" column covered numerous topics, including the
Board of Forestry's (BoF) formation of a Forest Stewardship Committee
(FSCom); THPs in the Mattole, Elk River, Eel River, and Mendocino
County watersheds; and Native American cultural protection and
consultation for Salmon Creek. I will follow up on a few of these.
FSCom seems to have more energy in its efforts than most BoF-related
groups, meeting on February 9 to focus on cumulative impacts,
conflicting criteria among Review Team agencies, lack of agency
services, and THP documentation.
Whole new levels of THP submissions, approvals, and resistance are in
place in the Lower North Fork Mattole (especially Rainbow Ridge),
Freshwater Creek, Elk River (the South Fork "Hole in Headwaters" and
at least four other THPs). The State Water Board may use "head of
agency" appeal for the first time for Freshwater and Elk River. Heavy
damage; heavy politics.
Watershed and fisheries habitat protection and recovery have taken a
back seat to the bizarre and corrupt "energy crisis," but Governor
Davis did reappoint industry (Simpson) rep Tharon O'Dell to the BoF
and seventy-five-year-old ex-Assemblyman Norm Waters to a rancher
seat. (The BoF ostensibly comprises one ranching, three industry, and
five public seats.) Most controversially, Davis also appointed Paula
Ross, a machinist union rep for an organization that has fought
reasonable timber reform in California. Davis appointed her not to a
ranching but to a public seat.
The struggle to protect Native American cultural sites and to consult
Native Americans adequately continues. Thanks to Senator Chesbro,
language for two bills has been submitted to the Legislative Counsel
for preparation. Resources Agency and BoF personnel stated their
willingness to improve the situation. We'll see; the bills need
sponsoring authors by February 23, and the BoF priority list hasn't
even been considered yet.
Although there is so much more to address, I now am honing in on a
particular struggle.
The Redway THP 044
Settlement
Twenty miles from the coast in southern Humboldt County, the town of
Redway nestles on the banks and terraces of an inside bend of the
South Fork Eel River. There have been problems and controversies for
years over the steep, unstable forested slopes on the outside of that
bend, across the South Fork from Redway.
Very large slope failures have occurred here. A 1981 slide torrented
enough material to dam the South Fork temporarily, diverting the flow
and eroding away significant parts of riverfront lots in the lower
Redway residential area, in part because Pacific Lumber Company (PL)
logging operations in 1978 had altered the slopes. Five residents and
landowners settled before trial for about $350,000. Following another
citizen lawsuit, in 1997 the court overturned a THP that called for
clearcuts on the unstable slopes.
In February 2000, PL submitted THP 1-00-044 HUM on its holdings
across from Redway. While this plan seemed less damaging than
previous ones, again, it did not adequately consider cumulative
impacts, mitigations, and alternatives. For example, THP 044 would
have developed a road and landing network for future cutting; it
would have cut old-growth trees on the slopes facing Redway; and it
would have created access through Whittemore Grove (part of Humboldt
Redwoods State Park). Also, PL is seeking to convert all its property
to "even-aged management," which would result in "conifer
plantations" and a general regimen of clearcuts and herbicide use.
Dismayed, in November 2000 landowners and residents filed a petition
to overturn the THP under the name of Redway Forest Defense.
Negotiations ensued to avoid hearings for restraining orders or
injunctions and to set an accelerated briefing schedule and court
date. Citizens not party to the lawsuit maintained a vigil at the
gates to the plan area, and a number of tree sitters stayed in the
old growth visible from Redway.
Because one requirement of a lawsuit under the California
Environmental Quality Act (CEQA) is an attempt to settle a case
before going to trial, the parties initiated discussions at the
beginning of 2001. After an intense ten-day back and forth, the
parties agreed to conditions that might set a new course for
resolving problems and controversies with PL in southern Humboldt.
The Settlement Conditions
First, the parties agreed to dismiss the lawsuit and "in a spirit of
cooperation and trust, to try and work out the best possible
solutions to environmental concerns in a non-adversarial relationship
in the field, instead of the courtroom." More specifically, PL stated
that it had been planning to or was open to only using selection
silviculture to log the steep unstable slopes facing Redway and not
submitting THPs there until a watershed analysis and management plan
have been completed (at least eighteen months).
Although this is a real policy change, it doesn't affect the entire
Redway-area PL ownership, about 600 acres, or the anticipated
addition of Eel River Sawmills acreage. Also, the PL Sustained Yield
Plan that resulted from the "Headwaters Deal" calls for clearcutting
the most unstable area of PL's Redway area property-the slopes facing
Redway-in the next eight to ten years. Finally, THP 044 referred to a
plan in preparation for 130 acres on PL's Redway holdings but does
not describe its location fully.
A "community liaison" group, the Redway Forestry Council, was
established, with five groups each providing one representative. PL
agreed "to work with the Redway Forestry Council to try to find
solutions, acceptable to both parties, to environmental issues
arising from PL's business of logging." These issues include
"hardwood utilization, herbicides, sediment and erosion prevention,
reforestation, silviculture methods, wildlife habitat, water quality,
monitoring and any other areas of concern that the parties agree to
discuss."
Also included is the purchase of old-growth trees on the slopes
facing Redway. PL indicates that it "is presently not a willing
seller of any of their lands," but no actual funds have been offered.
One time constraint is a two-month period for raising funds to
purchase the old-growth trees along and below the ridgeline in units
5 and 7 in THP 044; after April 15, PL can cut those trees. The other
time constraint is about two years to protect the rest of the forest.
A conservation easement such as the one recently created by the town
of Comptche is a potential model, permanently protecting the trees
but letting the landowner retain ownership.
The plaintiffs agreed that they won't oppose right-of-way across
state park lands or amendments to THP 044 for alternative access, but
in return PL will provide previously undisclosed maps and geology
reports that relate directly to the slopes across from Redway. This
information was a key cause of action in the litigation.
If funds are raised and negotiations maintained, a legacy forest
could heal the slopes across from Redway and citizen oversight could
develop on silviculture without herbicides. Your help is needed
immediately to fundraise to protect the old-growth trees in THP 044.
For more information contact Richard Gienger at rgrocks@humboldt.net.
More Articles...
TOC for Forest & River News, Winter 2001